HB 1533-FN - AS INTRODUCED
2026 SESSION
26-2568
12/09
HOUSE BILL 1533-FN
AN ACT relative to the use of electric bicycles and alternative electric micromobility devices.
SPONSORS: Rep. Aures, Merr. 13; Rep. Bean, Belk. 6; Rep. Wood, Merr. 13
COMMITTEE: Transportation
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ANALYSIS
This bill:
I. Prohibits the operation of any electric bicycle or any alternative electric micromobility device on sidewalks.
II. Prohibits the operation of any class 3 electric bicycle or class 3 alternative electric micromobility device on bicycle or multi-use paths.
III. Defines alternative electronic micromobility devices and classifies such devices identically to electric bicycle classifications.
IV. Establishes a learner's permitting process for individuals between the ages of 16 and 18 seeking to operate a class 3 electric bicycle or class 3 alternative electric micromobility device.
V. Requires that all class 3 electric bicycles and class 3 alternative electric micromobility devices be registered with the division of motor vehicles on an annual basis and that such bicycles and devices possess a speedometer and headlights while in operation.
VI. Limits and clarifies the ability of municipalities to issue permits and licenses relative to electric bicycles and alternative electric micromobility devices.
VII. Establishes a penalty of impoundment of an electric bicycle or alternative electric micromobility device for violations of the act.
VIII. Establishes that failure to satisfy the special rules and registration requirements for electric bicycles or alternative electric micromobility devices shall result in such electric bicycle or device being regulated as an off highway recreational vehicle.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26-2568
12/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
AN ACT relative to the use of electric bicycles and alternative electric micromobility devices.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Electric Bicycles; Special Rules Modified. Amend RSA 265:144-a to read as follows:
265:144-a Electric Bicycles.
I. Except as otherwise provided in this section, electric bicycles and operators of electric bicycles shall be afforded all the rights and privileges, and shall be subject to all of the duties, of a bicycle or the operator of a bicycle. An electric bicycle is a vehicle to the same extent as a bicycle.
II. An electric bicycle or a person operating an electric bicycle shall not be subject to the provisions of this title relating to financial responsibility, drivers' licenses, certificates of title, off highway recreational vehicles, and license plates. An electric bicycle is not a motor vehicle for these purposes, with the exception of failure to satisfy the requirements of paragraph XII of this section, which shall result in an electric bicycle being subject to RSA 215-A.
III. On and after January 1, 2020, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the electric bicycle, and shall be printed in Arial font in at least 9-point type.
IV. No person shall tamper with or modify an electric bicycle so as to change the motor-powered speed capability or engagement of an electric bicycle, unless he or she appropriately replaces the label indicating the classification required pursuant to paragraph III.
V. An electric bicycle shall comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission in 16 C.F.R. section 1512.
VI. An electric bicycle shall operate in a manner so that the electric motor is disengaged or ceases to function when the rider stops pedaling or when the brakes are applied.
VII. An electric bicycle may be operated wherever a bicycle may be operated, subject to the following limitations:
(a) A class 1 or class 2 electric bicycle may be ridden on bicycle paths or on multi-use paths where bicycles are permitted. However, a city, town, or state agency having jurisdiction over a bicycle or multi-use path may prohibit the operation of a class 1 or class 2 electric bicycle on that path.
(b) A class 3 electric bicycle shall not be ridden on a bicycle or multi-use path [unless it is within or adjacent to a highway or roadway, or unless a city, town, or state agency having jurisdiction over the path permits the operation of class 3 electric bicycles on that path].
(c) All classes of electric bicycles shall not be ridden on sidewalks, as defined in RSA 259:100.
(d) All classes of electric bicycles may park on a sidewalk pursuant to RSA 265:152.
VIII. The provisions of paragraph VII shall not apply to a trail designated as non-motorized if such trail has a natural surface tread made by clearing and grading the native soil with no added surfacing materials. A city, town, or state agency with jurisdiction over such a trail may regulate the use of electric bicycles on such a trail.
IX. No person less than 16 years of age may operate a class 3 electric bicycle. A person less than 16 years of age may ride as a passenger on a class 3 electric bicycle that is designed to accommodate passengers. A person who is 16 years of age or older and under 18 years of age may operate a class 3 electric bicycle if they possess a learner's permit in accordance with RSA 265:146-a.
X. No person less than 18 years of age may ride or sit as a passenger on a class 3 electric bicycle unless he or she wears a properly-fitted and fastened bicycle helmet that meets standards provided by either the United States Consumer Product Safety Commission or the American Society for Testing and Materials, or standards subsequently established by those entities.
XI. All class 3 electric bicycles shall be equipped with a speedometer that displays the speed the bicycle is traveling in miles per hour and headlights, which are adequate to reveal a person or vehicle at a distance of 300 feet ahead.
XII. Any class 3 electric bicycle that does not satisfy the requirements of this section and RSA 265:146-c, and if applicable, RSA 265:146-a, shall be considered an off highway recreational vehicle (OHRV) and subject to the provisions of RSA 215-A.
XIII. Violation of this section by any operator of an electric bicycle shall result in the impoundment of any electric bicycle for a period of a minimum of 15 days, but not to exceed 30 days.
2 New Sections; Learner's Permits; Registration Processes; Established. Amend RSA 265 by inserting after section 146 the following new sections:
265:146-a Class 3 Electric Bicycle Learner's Permit. Upon application, the department of safety shall issue a class 3 electric bicycle learner's permit to a person who is 16 years of age or older and under 18 years of age. Applicants for such permit shall be required to pass a written examination prepared by the director. No person under 18 years of age shall operate a class 3 electric bicycle on a way of this state unless such person possesses a class 3 electric bicycle learner's permit. No person shall knowingly authorize or allow the operation of a class 3 electric bicycle owned by the person or in his or her charge on a way of this state by any person under 18 years of age who does not hold a class 3 electric bicycle learner's permit.
I. For the purposes of this section, "class 3 electric bicycle" has the same meaning as in RSA 259:27-a, III.
II. Violation of this section by any owner or operator of a class 3 electric bicycle shall result in the impoundment of the class 3 electric bicycle for a period of a minimum of 15 days, but not to exceed 30 days. Nothing in this section shall restrict the authority to issue penalties pursuant to RSA 265:150, RSA 265:153, or any other provision of law.
265:146-b Class 3 Alternative Electric Micromobility Device Learner's Permit. Upon application, the department of safety shall issue a class 3 alternative electric micromobility device learner's permit to a person who is 16 years of age or older and under 18 years of age. Applicants for such permit shall be required to pass a written examination prepared by the director. No person under 18 years of age shall operate a class 3 alternative electric micromobility device on a way of this state unless such person possesses a learner's permit in accordance with this section. No person shall knowingly authorize or allow the operation of a class 3 alternative electric micromobility device owned by the person or in his or her charge on a way of this state by any person under 18 years of age who does not hold a class 3 alternative electric micromobility device learner's permit.
I. For the purposes of this section, "alternative electric micromobility" has the same meaning as in RSA 259:27-b.
II. Violation of this section by any owner or operator of an alternative electric micromobility device shall result in the impoundment of the device for a period of a minimum of 15 days, but not to exceed 30 days. Nothing in this section shall restrict the authority to issue penalties pursuant to RSA 265:150, RSA 265:153, or any other provision of law.
265:146-c Registration of Class 3 Electric Bicycles and Class 3 Alternative Electric Micromobility Devices. All class 3 electric bicycles and class 3 alternative electric micromobility devices shall be registered with the division of motor vehicles.
I. For the purposes of this section:
(a) "Class 3 electric bicycle" shall have the same meaning as defined in RSA 259:27-a, III;
(b) "Class 3 alternative electric micromobility device" shall have the same meaning as defined in RSA 259:27-b; and
(c) "Peace officer" means any sheriff or deputy sheriff, mayor or city marshal, constable, police officer or watchman, member of the national guard acting under orders while in active state service ordered by the governor under RSA 110-B:6, certified border patrol agent as defined in RSA 594:26, I, or other person authorized to make arrests in a criminal case.
II. An application to the division of motor vehicles to register a class 3 electric bicycle or a class 3 alternative electric micromobility device shall require the name and age of such applicant, proof of applicant's ownership of the electric bicycle or device or their authorization from the owner to operate the electric bicycle or device, and any other necessary information as determined by the director of the division of motor vehicles. The application of any person under the age of 18 years to register a class 3 electric bicycle or a class 3 alternative electric micromobility device shall be signed by such person's parent or guardian, or in the event there is no parent or guardian, then by another responsible adult.
III. The fee for registration of a class 3 electric bicycle or a class 3 alternative electric micromobility device shall be $50 per year. All fees shall be collected by the division of motor vehicles and immediately transferred to the commissioner of the department of transportation to be used for the creation and maintenance of bicycle routes, lanes, paths, or trails, pursuant to RSA 230:75, XI.
IV. Upon receipt of an application for registration of a class 3 electric bicycle or a class 3 alternative electric micromobility device and payment of the registration fee in paragraph III, the division of motor vehicles shall issue a certificate of registration to the applicant, which shall include a registration number assigned to each electric bicycle or alternative electric micromobility device by the division of motor vehicles.
(a) Every operator of a class 3 electric bicycle or a class 3 alternative electric micromobility device shall have the certificate of registration for each electric bicycle or device upon their person or the registration number permanently affixed to each electric bicycle or device.
(b) The expiration date of a certificate of registration shall be one year following the date of issuance of the certificate.
V. This section shall not apply to class 3 electric bicycles or class 3 alternative electric micromobility devices owned or operated by any peace officer wearing a distinctive uniform during the course of their duties. This section shall also not apply to pocket bikes, mopeds, motorcycles, or any other motorized vehicle not within RSA 259:27-a, III and RSA 259:27-b.
VI. Except as otherwise provided, it is a violation for any person to operate a class 3 electric bicycle or a class 3 alternative electric micromobility device unless such electric bicycle or device maintains registered status with the division of motor vehicles, pursuant to this section. Violation of this section by any owner or operator of a class 3 electric bicycle or class 3 alternative electric micromobility device shall result in the impoundment of such electric bicycle or device for a period of a minimum of 15 days, but not to exceed 30 days. Nothing in this section shall restrict the authority to issue penalties pursuant to RSA 265:150, RSA 265:153, or any other provision of law.
3 New Section; Alternative Electric Micromobility; Defined. Amend RSA 259 by inserting after section 27-a the following new section:
259:27-b Alternative Electric Micromobility. "Alternative electric micromobility" shall mean any scooter, unicycle, tricycle, skateboard, or similar device equipped with an electric motor of less than 750 watts. The term shall not include any bicycle as defined in RSA 259:6; any electric bicycle as defined in RSA 259:27-a; any moped as defined in RSA 259:57; any motorcycle as defined in RSA 259:63; any motor-driven cycle as defined in RSA 259:65; any neighborhood electric vehicle as defined in RSA 259:66-b; any pocket bike as defined in RSA 259:77-a; and any electric personal assistive mobility device as defined in RSA 269:1. Alternative electric micromobility devices shall be classified as follows:
I. "Class 1 alternative electric micromobility device" shall mean a device equipped with a motor that provides assistance only when the rider is operating such device, and that ceases to provide assistance when the device reaches the speed of 20 miles per hour.
II. "Class 2 alternative electric micromobility device" shall mean a device equipped with a motor that may be used exclusively to propel the device and that is not capable of providing assistance when the device reaches the speed of 20 miles per hour.
III. "Class 3 alternative electric micromobility device" shall mean a device equipped with a motor that provides assistance only when the rider is operating such device and that ceases to provide assistance when the device reaches the speed of 28 miles per hour.
4 New Section; Alternative Electric Micromobility Devices. Amend RSA 265 by inserting after section 144-a the following new section:
265:144-b Alternative Electric Micromobility Devices.
I. Except as otherwise provided in this section, alternative electric micromobility devices and operators of such devices shall be afforded all the rights and privileges, and shall be subject to all of the duties, of an electric bicycle or the operator of an electric bicycle.
II. An alternative electric micromobility device or a person operating an alternative electric micromobility device shall not be subject to the provisions of this title relating to financial responsibility, drivers' licenses, certificates of title, off highway recreational vehicles, and license plates. An alternative electric micromobility device is not a motor vehicle for these purposes, with the exception of failure to satisfy the requirements of paragraph IX of this section, which shall result in an alternative electric micromobility device being subject to RSA 215-A.
III. An alternative electric micromobility device shall operate in a manner so that the electric motor is disengaged or ceases to function when the rider stops operating the device or when brakes are applied.
IV. An alternative electric micromobility device may be operated wherever an electric bicycle may be operated, subject to the following limitations:
(a) A class 1 or class 2 alternative electric micromobility device may be ridden on bicycle paths or on multi-use paths where electric bicycles are permitted. However, a city, town, or state agency having jurisdiction over a bicycle or multi-use path may prohibit the operation of a class 1 or class 2 alternative electric micromobility device on that path.
(b) A class 3 alternative electric micromobility device shall not be ridden on a bicycle or multi-use path.
(c) All classes of alternative electric micromobility devices shall not be ridden on sidewalks, as defined in RSA 259:100.
(d) All classes of alternative electric micromobility devices may park on a sidewalk pursuant to RSA 265:152.
V. The provisions of paragraph IV shall not apply to a trail designated as non-motorized if such trail has a natural surface tread made by clearing and grading the native soil with no added surfacing materials. A city, town, or state agency with jurisdiction over such a trail may regulate the use of alternative electric micromobility devices on such a trail.
VI. No person less than 16 years of age may operate a class 3 alternative electric micromobility device. A person less than 16 years of age may ride as a passenger on a class 3 alternative electric micromobility device that is designed to accommodate passengers. A person who is 16 years of age or older and under 18 years of age may operate a class 3 alternative electric micromobility device if they possess a learner's permit in accordance with RSA 265:146-b.
VII. No person less than 18 years of age may ride or sit as a passenger on a class 3 alternative electric micromobility device unless he or she wears a properly-fitted and fastened bicycle helmet that meets standards provided by either the United States Consumer Product Safety Commission or the American Society for Testing and Materials, or standards subsequently established by those entities.
VIII. All class 3 alternative electric micromobility devices shall be equipped with a speedometer that displays the speed the alternative electric micromobility device is traveling in miles per hour and headlights, which are adequate to reveal a person or vehicle at a distance of 300 feet ahead.
IX. Any class 3 alternative electric micromobility device that does not satisfy the requirements of this section and RSA 265:146-c, and if applicable, RSA 265:146-b, shall be considered an off highway recreational vehicle (OHRV) and subject to the provisions of RSA 215-A.
X. Violation of this section by any owner or operator of an alternative electric micromobility device shall result in the impoundment of the device for a period of a minimum of 15 days, but not to exceed 30 days.
5 Municipal Permits; Clarification. Amend RSA 265:146 to read as follows:
265:146 Permits. The mayor of a city, or selectmen of a town, may, in their discretion, upon any special occasion, grant permits to any persons to ride bicycles or mopeds, at any rate of speed, for a time not exceeding one day upon specified portions of the public ways of such city or town, and may annex such other reasonable conditions to such permits as they may deem proper. Nothing in this section shall restrict the division of motor vehicles' authority to issue certificates of registration for class 3 electric bicycles and class 3 alternative electric micromobility devices pursuant to RSA 265:146-c.
6 Municipal Ordinances and Bylaws; Authority to Issue Licenses Removed. Amend RSA 265:149 to read as follows:
265:149 Ordinances and Bylaws. Any city or town shall have the power to make ordinances, bylaws or regulations respecting the use and equipment of bicycles, except mopeds as defined in RSA 259:57, on its ways, provided that any such ordinances, bylaws or regulations enacted with respect to such equipment shall be at least as stringent as the requirements of RSA 266:85-89. [Any city or town may require that bicycles, except mopeds as defined in RSA 259:57, be licensed and may charge reasonable fees for such licensing.]
7 New Paragraph; Commissioner of Transportation; Powers and Duties; Collection and Expenditure of Registration Fees. Amend RSA 230:75 by inserting after paragraph X the following new paragraph:
XI. Shall expend moneys collected from class 3 electric bicycle and class 3 alternative electric micromobility device registration fees, as established in RSA 265:146-c, for the purposes of creating and maintaining bicycle routes, lanes, paths, or trails in the state.
8 Off Highway Recreational Vehicles; Definition Modified. Amend RSA 215-A:1, VI to read as follows:
VI. "Off highway recreational vehicle" means any mechanically propelled vehicle used for pleasure or recreational purposes running on rubber tires, tracks, or cushion of air and dependent on the ground or surface for travel, or other unimproved terrain whether covered by ice or snow or not, where the operator sits in or on the vehicle. All legally registered motorized vehicles when used for off highway recreational purposes shall fall within the meaning of this definition; provided that, when said motor vehicle is being used for transportation purposes only, it shall be deemed that said motor vehicle is not being used for recreational purposes. For purposes of this chapter "off highway recreational vehicle" shall be abbreviated as OHRV. OHRVs shall include any pedaled vehicle equipped with a motor that is not included in the definition of electric bicycle and utility terrain vehicles, but shall not include snowmobiles as defined in RSA 215-C or electric bicycles as defined in RSA 259:27-a, with the exception of in application to RSA 265:144-a, XII.
9 Motor Vehicles; Words and Phrases Defined; Off Highway Recreational Vehicle. Amend 259:69 to read as follows:
259:69 Off Highway Recreational Vehicle. "Off highway recreational vehicle" shall mean any mechanically propelled vehicle used for pleasure or recreational purposes running on rubber tires, tracks, or cushion of air and dependent on the ground or surface for travel, or other unimproved terrain whether covered by ice or snow or not, where the driver sits in or on the vehicle. All legally registered vehicles when used for off highway recreational purposes shall fall within the meaning of this definition; provided that when said vehicle is being used for transportation purposes only, it shall be deemed that said vehicle is not being used for recreational purposes. Off highway recreational vehicle shall include any pedaled vehicle equipped with a motor that is not included in the definition of electric bicycle, but shall not include snowmobiles as defined in RSA 215-C:1 or electric bicycles as defined in RSA 259:27-a, with the exception of in application to RSA 265:144-a, XII.
I. The director of the division of motor vehicles shall establish a procedure for the submission and approval of applications for registration of class 3 electric bicycles and class 3 alternative electric micromobility devices, in accordance with RSA 265:146-c.
II. The commissioner of the department of safety shall establish a procedure for the submission and approval of applications for learner's permits for class 3 electric bicycles and class 3 alternative electric micromobility devices, in accordance with RSA 265:146-a and RSA 265:146-b.
11 Effective Date. This act shall take effect May 1, 2026.
26-2568
12/5/25
HB 1533-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the use of electric bicycles and alternative electric micromobility devices.
FISCAL IMPACT: This bill does not provide funding.
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Estimated State Impact | ||||||
| FY 2026 | FY 2027 | FY 2028 | FY 2029 | ||
Revenue | $0 | $1M to $1.2M Increase Per Year | ||||
Revenue Fund(s) | Restricted - Registration Fees to DOT | |||||
Expenditures* | $0 | $361,000 | Indeterminable | |||
Funding Source(s) | Restricted - Highway Fund Cost of Collections - Per the state constitution, costs associated with the collection/administration of highway fund revenue by the Department of Safety is deducted prior to funds being credited as unrestricted highway fund revenue | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
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Estimated Political Subdivision Impact | ||||||
| FY 2026 | FY 2027 | FY 2028 | FY 2029 | ||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | $0 | Indeterminable | ||||
METHODOLOGY:
This bill relates to the use of electric bicycles and alternative electric micromobility devices and will impact the Department of Safety and Department of Transportation. Certain municipalities may also be impacted. It should be noted that this bill's effective date of May 1, 2026, would likely preceed the bill's date of passage, should it pass, and therefore pose implementation challenges.
Department of Safety
The Department states this bill requires all class 3 electric bicycles and class 3 alternative electric micromobility devices operated on public ways to be registered annually with the Division of Motor Vehicles (DMV) for a $50 fee, which must be transferred to the Department of Transportation (DOT). The Department states that the DMV must create a registration program in MAAP, issue certificates or decals, implement a new learner’s permit in VISION, develop new written examination questions, create study materials and a 100-question test bank, and update VISION, MAAP, and IDEMIA systems. The DMV must also create new registration and licensing forms and train staff. Based on the estimated device population of 20,000 class 3 devices, with annual growth of 10%, the Department has provided the following cost and revenue impacts from this bill:
Revenue
FY 2027: 20,000 x $50 = $1,000,000
FY 2028: 22,000 x $50 = $1,100,000
FY 2029: 24,200 x $50 = $1,210,000
Expenditures
System Change/Upgrade Costs | $331,000 |
Registration Certificate/Decal Production | $9,000 |
Knowledge Test & Study Material Development and Printing | $21,000 |
Total | $361,000 |
These costs are anticipated to occur in FY 2027, however, the DMV may incur ongoing indeterminable costs related to this bill in FY 2028 and beyond.
Department of Transportation
The Department notes that this bill could imply it is responsible for maintaining bicycle routes, a task the Department is not currently staffed or funded to do, and a task the revenue from this bill may not be sufficient to cover.
New Hampshire Municipal Association
The Association states that under this bill, municipal police departments will be charged with enforcement of new statutes regarding the licensing, registration and use of class 3 alternative electric micromobility devices. While it is not possible to determine how many additional investigations or violations would be brought because of the changes contained in this bill, there may be increased municipal law enforcement costs associated with the changes. In addition, the repeal of the enabling statute allowing any city or town to require that “bicycles, except mopeds as defined in RSA 259:57, be licensed and may charge reasonable fees for such licensing” may cause a slight decrease in revenue in municipalities, if any, that have exercised this option. The Association states it is not aware of any municipalities that require local licenses. Overall, the impact of this bill is likely to be less than $10,000 in most municipalities, potentially more in large cities.
AGENCIES CONTACTED:
Department of Safety, Department of Transportation, and New Hampshire Municipal Association
| Date | Body | Type |
|---|---|---|
| Jan. 26, 2026 | House | Hearing |
Jan. 14, 2026: Public Hearing: 01/20/2026 01:00 pm GP 234
Dec. 10, 2025: Introduced 01/07/2026 and referred to Transportation